QuestOD Terms of Use

Last Updated 3rd July 2019

Quest Sites and Mobile Application Terms and Conditions

Your use of the QuestOD.co.uk and the QuestOD app (the "Service") and the Content on the Service is subject to these Terms of Use. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service. 

The Service is operated and provided to you by DPlay Entertainment Limited, registered in England with company number 09615785 whose registered office is at Chiswick Park Building 2, 566 Chiswick High Road, London, England, W4 5YB (“DEL”, "we", "us, "our"). 

By accessing, installing or using the Service, you confirm that you are 18 years old (or, if higher than 18 years old, the age of majority in your territory of residence) or over. 

Please read these terms (the "Terms of Use") before accessing, installing or using the Service. They set out the agreement for your access to and use of the Service. By accessing, installing or using the Service you agree to these Terms of Use. If you don't agree to them, please don't use the Service.

Any personal information you supply to us or that we collect from you when using the Service or your QuestOD Account (defined below) will be used by us in the ways set out in our Privacy Policy. Please also ensure you read our Cookies Policy.

1. Access to the Service

1.1 By accessing, using or installing the Service, you will be able to access and view the Service and Content on the terms and conditions set out in these Terms of Use.

1.2 You must be aged 18 years (or the age of majority in your territory of residence if more than 18 years old) or more to access, use or install the Service.

1.3 Some features may only be available to you if you register an account or have an existing account (“QuestOD Account”), and use your account details to sign into the Service. Please visit the Frequently Asked Questions to see which features require you to have a QuestOD Account.

2. Your QuestOD Account

2.1 When creating your QuestOD Account, you must provide accurate and complete information.

2.2 You are responsible for your QuestOD Account username and password, for keeping them confidential, and for all activities that are carried out under them. We recommend that you do not reveal your username and password to any other person. You agree to notify us immediately if you become aware of or suspect any breach of security or unauthorised use of your password or username.

3. Supported devices and updates

3.1 Availability of the Service, your QuestOD Account and Content depends on the quality of your internet connection and device capabilities.

3.2 Some features may not be available on all devices. Please visit the Frequently Asked Questions to see the full list of supported devices and operating system requirements and any other device restrictions that may apply.

3.3 To get the best experience, we recommend that you accept any updates to the Service as and when they become available. This may also require you to update your device operating system. 

3.4 Your use of any updates, modifications to, or replacement versions of the Service will be governed by these Terms of Use and any additional terms you agree to when you install such update, modification, or replacement version.

4. Your data usage

You are responsible for all internet access, mobile data or other charges incurred when using the Service. Remember that streaming and downloading audio-visual content such as videos and games can use up a lot of data.

5. Changes to the Service

We may make changes to or discontinue the Service at any time without prior notice to you. For example, there may be times when we have to remove certain features or functionality and/or stop allowing certain devices or platforms from being able to access the Service. We may also update or upgrade the Service from time to time.

6. Changes to the Content

You acknowledge and agree that the Content is variable and will change from time to time without notice. In particular, the availability of Content may change from time to time (for various reasons, such as where relevant third party rights-holders withdraw or restrict our right to use that Content on the Service). We therefore have the right to add or withdraw Content at any time, with or without notice. 

7. Changes to these Terms of Use

7.1 We may, from time to time, change these Terms of Use. Please check back from time to time to see if any changes have been made to these Terms of Use. If you do not agree to the modified Terms of Use you must stop using the Service. Your continued use of the Service will be deemed to constitute your acceptance to any such changes to these Terms of Use.

7.2 The most up to date Terms of Use will always be available on the Service from the effective date of those updated Terms of Use.

8. Ownership of Content

8.1 All Content on the Service is either owned by or licensed to DEL and/or its group companies, and is subject to copyright, trade mark rights, and other intellectual property rights of DEL or DEL's licensors and/or its group companies. 

8.2 Any third party trade or service marks present on Content are trade or service marks of their respective owners. 

8.3 DEL and its licensors reserve all rights not expressly granted in and to their Content.

9. Your use of the Service

9.1 You confirm that: (a) any information and details provided by you to us, including on registration of a QuestOD Account, are true, accurate and up to date in all respects and at all times; (b) you will at all times comply with these Terms of Use; and (c) you will not use the Service for any unlawful purpose or in a way which infringes the rights of anyone else.

9.2 You must use the Service in accordance with all applicable laws, rules and regulations, and any other restrictions on your use of the Service or the Content.

9.3 You are permitted to use and view the Service and Content in accordance with these Terms of Use for your personal and non-commercial use only. 

9.4 For use outside your home country of residence, see the Frequently Asked Questions for more information about access to the Service outside your home country. 

9.5 You must not, and must not allow third parties to: (a) access, view and/or purchase the Content and/or Service using a virtual proxy network; (b) use your username and password to access the Service or the Content without authorisation; (c) reproduce, download, transmit, broadcast, display, perform, publish, license, offer for sale, make copies and/or distribute all or part of the Service or the Content unless permitted by these Terms of Use or unless we make available the means for such distribution through functionality offered by the Service; (d) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Service or the Content except as permitted by applicable law; (e) create derivative works of the Service or the Content of any kind whatsoever; (f) circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service or the Content; (g) reproduce, perform, display or exhibit the Service or the Content in any public place; or (h) collect or harvest any personal data of any user of the Service (including any account name) or use any robot, bot, scraper, site search/retrieval application, proxy or other manual or automatic device, method, system or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or the Contents.

10. Privacy

Any personal information you supply to us or that we collect from you when using the Service or your QuestOD Account will be used by us in the ways set out in our Privacy Policy. Please also ensure you read our Cookies Policy

11. Ending your right to use the Service

11.1 We may immediately terminate or suspend your right to use all or any part of the Service or (if applicable) your QuestOD Account if we have a reasonable belief that you have breached these Terms of Use or if you are using the Service, the Content or your QuestOD Account in any manner other than for its intended purpose, in breach of these Terms of Use, fraudulently or illegally. If what you have done can be put right we may give you a reasonable opportunity to do so.

11.2 We may decide to discontinue any part of the Service or (if applicable) any QuestOD Account at any time.

11.3 We will terminate or suspend your access to the Service and/or (if applicable) to your QuestOD Account if we have notified you more than twice that you are carrying out an infringing activity.

11.4 If we terminate or suspend your rights to use the Service or (if applicable) your QuestOD Account you must stop all activities authorised by these Terms of Use, including your use of the Service or your QuestOD Account.

12. Our liability to you

12.1 We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation, wilful misconduct or gross negligence by us or our employees or agents. 

12.2 If we breach these Terms of Use we will only be liable for losses which are a reasonably foreseeable consequence of that breach. Losses are foreseeable where they could be contemplated by you and us at the time of you agreeing to these Terms of Use.

12.3 We are not responsible for: 

(a) any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;

(b) any use of the Service or Content which isn’t authorised by us; 

(c) any malfunction or interruption to the Service or Content due to unforeseeable circumstances that prevent us from fulfilling our obligations to you;

(d) errors, viruses or bugs present in or arising from your use of the Service or Content;

(e) incompatibility of the Service or Content with any other software or hardware (including any of your devices); 

(f) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service; and

(g) any act or default of any third party platform, service provider, supplier, device manufacturer or provider of a device operating system, which are beyond our reasonable control.

12.4 You have certain statutory rights under the applicable laws of your territory. Nothing in these Terms of Use is intended to affect these statutory rights. For more information about your statutory rights contact your local consumer organisation.

12.5 Apart from liability arising in respect of the circumstances set out in section 14.1 (which is unlimited), to the fullest extent permitted under local law, in no event shall our total liability to you for all damages arising from your use of the Service or the Content exceed £50.00.

12.6 We can't guarantee that the Service or the Content will be free from bugs or errors or that your access will be free from interruptions (for example there may be downtime for maintenance or updates or any power or server outages or other reasons outside our control), however where we are made aware of technical issues we will always try to fix them.

12.7 Please note that we are not responsible for any lack of functionality or failure to provide any part of the Service or the Content, or any loss of content or data that is due to: your equipment, devices, operating system or internet connection, your failure to download the most recent published version of the Service or meet the compatibility requirements or the consequences of you changing your equipment, device, operating system or internet connection.

13. Advertising and third party websites

13.1 The Service and Content may contain advertisements. We are not liable to you for any reliance placed by you on the completeness, accuracy or existence of any advertising on the Service and Content.

13.2 The Service may include hyperlinks to other web sites that are not owned or controlled by DEL. DEL has no control over, and assumes no responsibility for, the availability of or content, privacy policies, or practices of any third party websites.

13.3 You acknowledge and agree that DEL is not liable for any loss or damage which may be incurred by you as a result of the availability of external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

13.4 We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

14. Communications

If you have registered a QuestOD Account, we will send you information relating to your use of the Service (and if applicable your QuestOD Account) (e.g. changes in password, confirmation messages, content and feature updates and other service or transactional messages) by in-Service message or email to the email address provided during sign up. If you signed up via a third party, for example via one of our partners or using your account details with a platform, then we may obtain your email from that third party or platform so that we can keep you up to date with service-related messages. 

15. Transfer of rights

15.1 Except as set out below, the agreement between us and you is personal to you and no third party is entitled to benefit under it. You agree we can transfer, sub-contract and sub-license (as applicable) our rights and obligations under these Terms of Use to any company, firm or person provided that your QuestOD Account will not be adversely affected as a result of such transfer. You may not transfer your rights or obligations under these Terms of Use to anyone else. 

15.2 You acknowledge and agree that each member of the group of companies of which DEL is a part shall be third party beneficiaries to the Terms of Use and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms of Use which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms of Use.

16. Severance

If any provision of these Terms of Use is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms of Use shall not be affected.

17. Waiver

To the extent we fail to or decide not to exercise any right of claim against you to which we are entitled, this will not constitute a waiver of that right unless otherwise indicated to you in writing.

18. Governing law

18.1 These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales. However, these Terms of Use will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence. 

18.2 You will only be able to bring a claim related to or arising from these Terms of Use in the courts of England and Wales.  

19. Complaints

If you have any complaint please speak to us first, by contacting us using the details below. In addition, where required by applicable law, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution ("ODR") platform available at https://ec.europa.eu/consumers/odr. We do not currently use alternative dispute resolution ("ADR"), including through the ODR platform, as a means of settling consumer complaints.

20. Contacting us

20.1 You can contact us using the details in our Frequently Asked Questions.